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February 16, 2024
Texas County Says State's Migrant Arrest Law Will Raise Costs
Texas' Harris County urged a federal court to grant the Biden administration's bid to block an impending state law that would allow Texas to arrest and deport migrants, saying the law, if enforced, would lead to increased jail-related costs.
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February 16, 2024
Fed. Circ. Reverses Injunction In Adventure Parks IP Suit
The Federal Circuit has reversed a Texas federal judge's decision to preliminarily block Kangaroo LLC from operating a part of its trampoline park using certain colors, saying the lower court didn't make "the requisite findings" to justify the injunction, and the injunction request fails on the merits.
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February 16, 2024
Ex-Judges Say 'Good To Be Gained' In New Appeals Court
As Texas prepares for the opening of an additional appeals court, former appellate justices told Law360 that the new forum will benefit the state despite many "question marks" that remain about its day-to-day operations.
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February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
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February 16, 2024
States Defend Authority To Bring Texas Google Ad Tech Case
State enforcers have told a Texas federal court they have standing to sue Google for allegedly violating federal antitrust law with its control over key digital advertising technology, arguing that states play an important role in enforcing the statutes and that Google's dismissal bid is unfounded.
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February 16, 2024
Texas Justices Ax ADA's Defamation Suit Against Newspaper
The Texas Supreme Court on Friday reversed a state appellate decision in a case involving a small-town newspaper, an infamous wrongful conviction and a publicly snubbed assistant district attorney, ruling that the case should have been dismissed and that the Polk County Publishing Co.'s characterization of the assistant DA was legal.
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February 16, 2024
Paxton Prosecutor Steps Down After Row Over Pretrial Deal
One of two appointed prosecutors overseeing a securities fraud case against Texas Attorney General Ken Paxton told a state court judge Friday that he is stepping down from the case, citing a disagreement over whether the state's chief legal officer should be allowed to resolve the charges through pretrial intervention.
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February 16, 2024
Conspirators In $3M IRS Refund Check Theft Get Prison Terms
Two men will serve lengthy prison terms for their role in conspiring to steal and cash a Houston couple's tax refund check worth nearly $3 million, according to sentencing orders filed in Texas federal court.
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February 16, 2024
Taxation With Representation: Paul Weiss, Kirkland
In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.
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February 15, 2024
SpaceX Heads To Texas After Musk's Tesla Pay Package Axed
Elon Musk announced Wednesday that he is taking SpaceX's business incorporation from Delaware to Texas, after Delaware's chancellor last month struck down his proposed $55 billion Tesla pay package.
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February 15, 2024
Enviro Orgs Sue EPA Over PFAS Data For Plastic Containers
Two environmental groups accused the U.S. Environmental Protection Agency on Thursday of withholding test data on the presence of forever chemicals in fluorinated plastic containers in response to their Freedom of Information Act request.
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February 15, 2024
Restaurant Franchise Owner Hit With $30.7M Jury Verdict
A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.
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February 15, 2024
Fed. Circ. Revives MasterObjects Patent Suit Against Meta
The Federal Circuit on Thursday gave MasterObjects Inc. a second chance to argue Meta Platforms Inc. has infringed its search query patents, taking issue with claim construction changes as the case was transferred from Texas to California.
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February 15, 2024
Texas Migrant Arrest Law Needs 'A Lot More Care,' Judge Says
A Texas federal judge Thursday seemed poised to block a controversial state law that would permit the state to arrest and deport migrants, telling attorneys for the state that the statute may lead to a patchwork of immigration law akin to "the kind of thing the Civil War said you can't do."
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February 15, 2024
NRA Accuses NY AG Of Political Bias As Trial Closes
Lawyers for the National Rifle Association and its former CEO Wayne LaPierre accused New York Attorney General Letitia James of political bias in their final trial arguments Thursday, while a government attorney said this "witch hunt" defense is merely a distraction from the gun group's misuse of charitable assets.
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February 15, 2024
Instant Brands May Have Rights Against Supplier, Judge Says
A Texas bankruptcy judge issued a tentative ruling that could favor appliance and housewares maker Instant Brands in its dispute with a supplier objecting to the Chapter 11 plan's treatment of indemnification claims.
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February 15, 2024
No Coverage For Pandemic Losses, NY Top Court Rules
A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.
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February 15, 2024
SpaceX Suit Over NLRB Structure Shipped To Calif.
A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."
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February 15, 2024
Investor In Battery Co. Microvast Sues Over De-SPAC Merger
Leaders of lithium-ion battery maker Microvast Holdings Inc. and the blank-check company that took it public in July 2021 were so "personally hellbent on completing the merger" for their own benefit that they deceived public investors into approving it, a shareholder alleges in a new Delaware Chancery Court suit.
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February 15, 2024
Google, AGs Told To Step Up Discovery In Texas-Led Suit
A Texas federal judge on Thursday told counsel for Google and a coalition of states led by Texas that they must do a better job coordinating discovery in an antitrust suit accusing the tech giant of monopolizing the online ad market.
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February 15, 2024
Ga. Judge Hits Medicare Kickback Con Artist With 30 Months
A Texas man convicted of running a Medicare kickback scheme that reaped more than $11 million in reimbursements was sentenced to two and a half years in prison by a Georgia federal judge Thursday and ordered to pay $13.3 million in restitution to the government and health insurers.
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February 15, 2024
4E Agent Floats Plan To Hand Disputed Atty Fees To Creditors
The Chapter 11 agent for hand sanitizer maker 4E Brands Northamerica LLC has asked a Texas bankruptcy judge to approve a modified reorganization plan that would allow unsecured creditors to recover fees that Jackson Walker LLP may be forced to disgorge over an ethics scandal involving a former partner.
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February 15, 2024
Ex-Employer Blasts Lewis Brisbois Partner's Immunity Claim
A Houston lawyer and his firm, Berg & Androphy, are urging a Texas state court to reject an attempt by a former employee and current partner with Lewis Brisbois Bisgaard & Smith LLP to avoid $457,190 in potential sanctions for allegedly harassing Berg & Androphy with years of legal fights over back wages.
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February 15, 2024
Petition Watch: Classes, Litigation Changes & Fraud Theories
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.
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February 15, 2024
Bradley Arant Hires Liskow & Lewis Employment Pro In Houston
A longtime Liskow & Lewis attorney has jumped to Bradley Arant Boult Cummings LLP's labor and employment practice in Houston in an effort to further the firm's strategic growth in Texas.
Expert Analysis
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A Look At Health Care Providers' Workplace Safety Duties
Recent state legislation and Occupational Safety and Health Administration enforcement actions highlight the uniquely high amount of violence that health care workers face, and the difficulty of adequately protecting employees and patients, say Victor Moldovan and Dan Silverboard at Holland & Knight.
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The Important Questions In High Court's CFPB Funding Case
The U.S. Supreme Court recently agreed to hear Consumer Financial Protection Bureau v. Community Financial Services Association of America, providing the court with the chance to answer whether Congress can exempt a regulatory agency from its supervision, and how reliance on the appropriations clause factors in, say Katie Kraft and Warren Dean at Thompson Coburn.
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Compliance Considerations For Potential Texas Privacy Law
The possible approval of the Texas Data Privacy and Security Act, a comprehensive regime for how consumers and companies interact with personal data, means businesses should prepare for the substantial operational changes it will require, say Laura Ferguson and Caitríona Pagni at Locke Lord.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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State Laws Could Complicate Employer Pandemic Protocols
If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.
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State NIL Laws Aim To Shield Colleges That Defy NCAA
The recent passage of name, image and likeness laws in several states, permitting universities to insert themselves into student-athletes' NIL deals despite prohibitions from the National Collegiate Athletic Association, reveals a pattern of greater protections for universities against potential NCAA enforcement action, say Christina Stylianou and Gregg Clifton at Lewis Brisbois.
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EPA Nod For La. Program Bodes Well For Carbon Storage
The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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As Subchapter V's Popularity Rises, So Do Its Boundaries
Recent data and bankruptcy court rulings give greater context to Subchapter V’s popularity, but also show how courts continue to interpret its provisions to establish limits and contours, such as the sequence of filing for affiliate debtors, say Jack O’Connor and Heidi Hockberger at Levenfeld Pearlstein.
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New FTC Policy On Biometric Information Creates New Risks
In the absence of a comprehensive national data privacy regime, a new Federal Trade Commission policy shows the agency’s willingness to take action against companies using biometrics in ways the FTC deems unfair, but the guidance creates more questions than answers, and some of it appears unrealistic, say attorneys at Faegre Drinker.
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Endorsement Lessons From Google False Ad Settlements
Google's recent settlements with Texas, the Federal Trade Commission and six state attorneys general over deceiving endorsements from iHeartMedia DJs hold lessons that apply to any company using endorsers to promote their products or services, and provides important insights into how multistate investigations work, say Gonzalo Mon and Paul Singer at Kelley Drye.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Look At Texas Business Courts' Potential M&A Impact
A bill heading to Texas Gov. Greg Abbott's desk is a push for specialist judges with more expertise in the business area, but it is unlikely to have an immediate effect on mergers and acquisition practitioners and contracts, for several important reasons, says Candace Groth at Vela Wood.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.